scholarly journals THE PRINCIPLES OF CONTRACT IN DONATION BASED CROWDFUNDING

Yuridika ◽  
2019 ◽  
Vol 34 (1) ◽  
pp. 78
Author(s):  
L Budi Kagramanto ◽  
Cita Yustisia Serfiyani
Keyword(s):  
Global Economy ◽  
Contract Law ◽  
Common Type ◽  
Creative Economy ◽  
New Era ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Legal Relationship ◽  
Property Rights Protection ◽  
The Government

The creative economy is a new era of the global economy. It needs support from the government and the society in terms of intellectual property rights protection and funding, especially for creative business or creator which comes from small and medium business (SMB) sector. One of the ways other than formal funding from the bank is through the crowdfunding new system. Crowdfunding has four systems that are based on donation, reward, lending, and equity. Donation-based crowdfunding is the most common type applied and different from other crowdfunding types. This field has not been regulated in specific legislation so it needs to be analyzed in relation to BW and related existing regulation. This research is leading to answers some main topics. First, to analyze the legal relationship between the parties. Second, to determine what type of agreement that underlies the legal act. Third, reviewing the principles of contract law that must be applied to. In the article, it uses the type of research used in this research method is normative research so that it produces a legal review of the donation-based crowdfunding system issues more deeply.

From Market Access to Cumulative Innovation

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Market Access ◽  
Step Test ◽  
Property Law ◽  
Intellectual Property Law ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Production Output

This chapter argues for a reinvigorated role of the market access doctrine and references a number of important antitrust and intellectual property law decisions in which courts have given priority to market access. It finds a novel function for market access to play within antitrust and intellectual property law liability: courts that grant plaintiffs access to a defendant’s production output should refer to a three-step test under which they inquire (1) whether the inventor, through first-mover advantages, has reaped a sufficient reward such that contractual or intellectual property rights protection would no longer be required to facilitate innovation, (2) whether competitors were able to challenge the proprietary platform’s position in the market without the possibility of granting access, and (3) whether competitors seeking to benefit from market access will make use of it to facilitate the introduction of new goods rather than merely to copy the initial invention.

scholarly journals Complex Dynamical Behaviors of a Mixed Duopoly Game Based on Intellectual Property Rights Protection

Complexity ◽  
2020 ◽  
Vol 2020 ◽  
pp. 1-11
Author(s):  
Tong Chu ◽  
Yu Yu ◽  
Xiaoxue Wang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Mixed Duopoly ◽  
Fractal Structures ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Dynamical Behaviors ◽  
Property Rights Protection ◽  
Coexistence Of Attractors

Based on the oligopoly game theory and the intellectual property rights protection policy, we investigate the complex dynamical behaviors of a mixed duopoly game with quadratic cost. In the new system, a few parameters are improved by considering intellectual property rights protection and the stability conditions of the Nash equilibrium point are discussed in detail. A set of the two-dimensional bifurcation diagrams is demonstrated by using numerical modeling, and these diagrams show abundant complex dynamical behaviors, such as coexistence of attractors, different bifurcation, and fractal structures. These dynamical properties can present the long-run effects of strengthening intellectual property protection.

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